Denis O'Donovan (Fianna Fail)

I am glad to have the opportunity to speak on this Bill. Like the previous speakers, I express my sincere sympathy for the family of Séamus Brennan, former Senator and Member of the other House.

I welcome the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy John Curran, to the House. This is the first time I have spoken here while he has been present and I am delighted he received his well-deserved promotion. As one who served with him in the Lower House for the past five years I have great admiration for his abilities. It is great to see people of his ilk being recognised.

It is a sad reflection on Irish society that, basically, we are a nation of alcoholics. We are probably second worst in Europe in this regard and there is no point denying this. One may quote the statistic that 20% of people here do not drink — good luck to them, I wish the figure was twice as high — but, as a parent, it is frightening that instead of alcohol consumption being curtailed in the past two decades it has increased. The statistics are frightening.

I understand the concerns of the Opposition, their wish to delay passage of the Bill and their unwillingness to accept the guillotine proposed for tomorrow. I said on the Order of Business today that I have no objection to this House sitting next Tuesday and Wednesday, if necessary, to deal with Committee and Report Stages if the House so desires. That said, some of these issues have been in the public domain for some time. Realistically, two or three lobby groups have certain agendas and wish to steer us in a particular direction regarding amendments and so on.

A number of important areas of this Bill should be praised. Up to this Bill there has been abuse of theatre licences. Theatre licences were probably introduced for a good reason but they have been exploited. This year more than 100 applications for theatre licences are before the Revenue Commissioners but I doubt there are even 100 theatres in the country. If there are, I doubt these theatres seek the licences. Certain establishments, including lap dance clubs, have availed of this loophole so I am delighted it is to be closed.

I am not the oldest Member of this House, I suppose I am somewhere in the middle. When I went dancing in my youth alcohol was not allowed in the dancing establishments and if one showed signs of having consumed it one would not gain entrance. As a practising solicitor, I remember when if an establishment sought a special exemption it had to provide a substantial meal to patrons. This requirement has only been changed in recent years. There must be restrictions. Once these ridiculous theatre licences have been sidelined greater flexibility in nightclub closing times could be sought. I think the Minister proposes that closing time for nightclubs should be 2.30 a.m. with half an hour of drinking time and, by and large, this seems reasonable. I would not have a problem if closing time was 3 a.m. but I do not think nightclubs should stay open until 4 a.m. or 5 a.m. It is said that it takes half an hour to clear a premises but I sometimes pick up one of my children from a disco and, to my knowledge, the aftermath can go on for an hour to an hour and a half.

There is a problem with public order and this Bill may not resolve it. It may take further legislation this year or next year to stymie societal problems relating to drink and if this is the case it should be welcomed. Much of this relates to attitudes; Senator Regan is correct to point out that while we could close discos at midnight and pubs at 10 p.m. if people are intent on obtaining alcohol, as in the prohibition period in late 1920s America, they will get it anyway. There must be rules and regulations.

When this legislation was first mooted there was a threat to early house licences. There are about 46 early houses in the country and, in his wisdom, the Minister has decided not to do away with them. From time to time I have lived in large urban areas in Ireland and abroad and I understand that people who regularly work night shifts may wish to relax by having one or two drinks in the morning. I have no problem with this as long as it is not abused. I have done some research into this and, to my knowledge, most of the public houses that open early are well run and there are rarely problems.

There are several small mini markets in my constituency; I am not talking about Tesco, Lidl or Aldi but supermarkets of up to 3,000 sq. ft. It was proposed in the legislation that alcoholic drink products should be segregated from other products, that they should not be displayed in the same area as bread and other groceries, but I am glad the Minister has allowed latitude on this in the Bill. The retailers in question are to operate under a code of conduct. The Minister is, laudably, putting the legislation in place as a warning to retailers. It will not be strictly enforced and if retailers can work within a code of conduct the Minister will address the area in a sensible and practical fashion. I would fear that in places around west Cork, including Schull, Castletownbere, Rosscarbery and Dunmanway, where one or two such establishments are in town, it could cost retailers up to €100,000, and perhaps more, to provide a till totally segregated from the rest of the shop. This would be an extraordinary and inordinate expense to impose on any small retailer.

It is not long since we introduced the rule that one must apply to the District Court to obtain a wine licence. An advisory group was set up to consider such issues. The number of wine licences issued has increased substantially in the past five or six years. The rule that one must apply to the District Court for a wine licence is probably a good handbrake measure and it is sensible given the increase in the number being issued. Most applications are relatively simple and the licences must be renewed annually. From my experience of the District Court, the application process is a formality once there is no objection by the Garda or some party with a reason to object.

The Minister of State might consider the cost of applying for special exemptions, which has increased to €410 from €210. This is probably not an exorbitant increase but it could become a problem for a nightclub operating five or six nights per week, which must pay €410 plus the legal costs each night it opens. Most nightclubs in my area restrict their opening to the weekends.

One critical measure in the Bill is that the Garda will have the power to confiscate drink from young people and apply a sort of penalty points system or impose an on-the-spot fine. This is appropriate in respect of minor drink-related offences. If, as we say in regard to Gaelic games, there is a bit of "handbagging", or pushing and shoving or messing around by young fellows that is not too serious outside a disco, the Garda can impose a fine on them. The nature of the fine has yet to be decided but it is a good provision because it is not the intention to drag people into court over very minor issues.

It is ridiculous and unfortunate that, in some instances, customers of some of the bigger stores used bonus points accumulated on their other purchases to purchase alcohol. This practice is being banned in the Bill. We can listen to criticism but, overall, we must acknowledge there are many salient features in the Bill. I welcome it and, if there is a problem completing Committee, Report and Final Stages tomorrow, I will not have a problem sitting next week. It is critical that we deal with the Bill before the summer recess. I object strenuously to the postponement of the Bill until October. If there is a problem with time, let us sit next week.